PRINCESS YACHTS INTERNATIONAL PLC AND ANOTHER v. MASTER YACHTS CO LTD AND ANOTHER

PRINCESS YACHTS INTERNATIONAL PLC AND ANOTHER v. MASTER YACHTS CO LTD AND ANOTHER

The court held that the 1st defendant had not opposed the injunction and had consented to the amendments, so the plaintiffs' summons against the 1st defendant was dismissed and costs against the 1st defendant remain costs in the cause; the 2nd defendant's defences that it was a pledgee and that there was material non-disclosure failed, so the costs order was varied in favour of the plaintiffs as against the 2nd defendant; overall costs of the summons are to the 1st defendant in any event, plaintiffs to have their costs against the 2nd defendant, and all contested costs are to be taxed by gross sum assessment with specified timetables.

Citation
PRINCESS YACHTS INTERNATIONAL PLC AND ANOTHER v. MASTER YACHTS CO LTD AND ANOTHER
Parties
1st Plaintiff: PRINCESS YACHTS INTERNATIONAL PLC; 2nd Plaintiff: LONG ASIA (HK) LIMITED; 1st Defendant: MASTER YACHTS COMPANY LIMITED; 2nd Defendant: LAM CHING WAH
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 March 2010
Case Number
HCA2277/2009
Procedural Posture
Interlocutory Application for Injunction (civil) / Variation of Order Nisi Following Interlocutory Judgment
Outcome
Summons against the 1st defendant dismissed; costs against the 1st defendant remain costs in the cause; costs order varied in favour of the plaintiffs as against the 2nd defendant; costs to be taxed by gross sum assessment with directions.
Legal Topics
Injunction, Pledge, Non Disclosure, Costs, Variation of Order
Source Language
EN
Civil Commercial Injunction Costs Pledge Non Disclosure Variation of Order

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Parties

PRINCESS YACHTS INTERNATIONAL PLC

1st Plaintiff

LONG ASIA (HK) LIMITED

2nd Plaintiff

MASTER YACHTS COMPANY LIMITED

1st Defendant

LAM CHING WAH

2nd Defendant

Procedural Posture

Interlocutory Application for Injunction (civil) / Variation of Order Nisi Following Interlocutory Judgment

Legal Issues

  1. 1 Whether the 1st defendant opposed the injunction and whether costs against the 1st defendant should remain costs in the cause
  2. 2 Whether the 2nd defendant was a pledgee of the yacht
  3. 3 Whether there was material non-disclosure by the plaintiffs

Ratio Decidendi

The court held that the 1st defendant had not opposed the injunction and had consented to the amendments, so the plaintiffs' summons against the 1st defendant was dismissed and costs against the 1st defendant remain costs in the cause; the 2nd defendant's defences that it was a pledgee and that there was material non-disclosure failed, so the costs order was varied in favour of the plaintiffs as against the 2nd defendant; overall costs of the summons are to the 1st defendant in any event, plaintiffs to have their costs against the 2nd defendant, and all contested costs are to be taxed by gross sum assessment with specified timetables.

Court Disposition

Summons against the 1st defendant dismissed; costs against the 1st defendant remain costs in the cause; costs order varied in favour of the plaintiffs as against the 2nd defendant; costs to be taxed by gross sum assessment with directions.

Orders

  • Plaintiffs\' summons against the 1st defendant is dismissed.
  • Costs against the 1st defendant shall remain costs in the cause.